How To Get A Restraining Order In Montana

A court in Montana may issue a restraining order, sometimes referred to as an Order of Protection, to protect people from abuse, harassment, stalking, or threats of violence. By imposing legal restrictions on the respondent's behavior, who could be a family member, a former or current partner, or another person who poses a threat, these orders seek to stop additional injury.

According to MT Code § 45-5-626, anyone who violates an order of protection in Montana will be charged with a fine or imprisonment. First-time violators must pay a maximum fine of $500 or imprisonment in the county jail for up to 6 months, or both. Second-time violators will be fined between $200 and $500 and be imprisoned in the county jail between  24 hours and 6 months. Third and subsequent offenders will be fined between $500 and $2,000 and imprisoned in the county or state prison for 10 days to 2 years. Records of court-issued orders are also typically contained within Montana Civil Court Records and made available to the public alongside other court documents.

Types Of Restraining Orders in Montana

The following are types of restraining orders recognized in Montana, each of which is designed to address particular circumstances involving harassment, abuse, or threats : 

• A temporary order of protection: This order offers instant protection if the court determines that the petitioner is in danger, and it is issued without giving the defendant any previous notice. It lasts for as long as a full hearing can be held, often within 20 days. 
• A final order of protection: This order can only be given following a thorough court hearing in which the abuser gets a chance to come forward and explain their side of the story. This hearing takes place  20 days after the temporary order is issued. However, by submitting an affidavit proving that they have an urgent need for the emergency hearing, the abuser may request one before the 20-day term expires. 

Are Restraining Orders Public Record In Montana?

Yes, restraining orders are generally public in Montana and accessible to employers, landlords, and the general public. These records can typically be viewed through the Clerk of Court or online court databases. However, there are important exceptions to public access. In situations where privacy or safety is a concern, the court may choose to seal or redact all or part of a restraining order. Also, any protection order involving a minor is closed to the public. A confidential order of protection in Montana is only open to the individuals directly involved in the case, their legal representatives, law enforcement agencies, or others who have received specific authorization from the court.

How To Look Up Restraining Orders In Montana

Individuals can find Montana Protective Orders through the following methods: 

• In person at the court where the order was issued 
• Online through third-party databases 
• Online via the District Courts Public Access Portal or the Limited Jurisdiction Courts Public Access Portal

Can You Look Up a Restraining Order Online?

Individuals can look up a protection order online through the Montana Public Access Portals. Users should click the District Courts Public Access Portal or the Limited Jurisdiction Courts Public Access Portal and select the appropriate court where the order was issued. Afterward, they will need a name to continue the search. If the requester does not find the desired protection order via these portals, they may have to visit the court where the order was issued in person during business hours. The record staff will require either the petitioner's or the respondent's name to facilitate the search.

How To File A Restraining Order In Montana

In Montana, there are a few essential stages involved in requesting an order of protection: 

• Step 1: Find the Appropriate Forms

Petitioners can obtain copies of order of protection forms by visiting the local domestic violence shelters, Local Crime Victim Advocate offices, the Clerk of Court at most Justice, City, Municipal, or District Courts, or Self-Help Law Centers. They can also download the Sworn Petition for Temporary Order of Protection and Request for Hearing Form online. 

• Step 2: Complete the Required Forms

Petitioners must carefully complete the order of protection form and sign it before a notary public. Notaries can be found in any Montana courthouse or at a bank. 

• Step 3: File the Petition with the Correct Court

The petitioner can file the completed Orders of Protection with the Clerk of Justice, City, Municipal, or District Court in the county where they live, the abuse occurred, or they fled to escape the abuse. Montana courts do not charge a filing fee for orders of protection. The petitioner should bring some information about the respondent, like a picture, work or home address, phone number, and a description of their car when filing their forms at the courthouse.

• Step 4: Issuance of a Temporary Order of Protection

After filing the petition with the Clerk of Court, the Clerk will give it to a Judge for review. If the judge determines that the petitioner is in immediate danger of harm, they will issue a Temporary Order of Protection (TOP). The order will include a Notice of Hearing that sets a date for a court hearing to determine whether to grant a Permanent Order of Protection. The Clerk will give the petitioner a copy of the Temporary Order of Protection and Notice of Hearing. 

• Step 5: Service of Process 

The Clerk of Court will give copies of the TOP and Notice of Hearing to the Sheriff's Office in the county where the petitioner lives, the abuse occurred, or they fled to escape the abuse. However, the petitioner may have to serve the papers themselves in some places. The petitioner must complete a Law Enforcement Service Information Form if they want the Sheriff's deputy to serve their order. The TOP is valid when the respondent is served or knows it exists. 

• Step 6: Hearing

The court will hold a hearing within 20 days from the petition's filing date. The petitioner must be at the hearing and can file the Motion to Modify, Terminate, Renew, or Change Hearing Date Form if they need to reschedule their hearing date. If the hearing date is not rescheduled, the petitioner must show up at the original hearing date so that the court does not dismiss their case. At the end of the hearing, the judge will decide whether to grant a Final Order of Protection and how long it will last.

Can You File A Restraining Order For No Reason In Montana?

No, a restraining order cannot be filed randomly in Montana. Under Montana Code § 40-15-102, the court must first obtain "reasonable proof of bodily injury, threat of bodily injury, or reasonable apprehension of bodily injury" before issuing an order of protection. A reasonable claim needs to be backed up by particular facts or proof.

What Proof Do You Need For A Restraining Order In Montana?

To be eligible for a protection order in Montana, a petitioner must provide reasonable evidence of having experienced, or being at risk of, bodily harm, threats, or a reasonable fear of harm, as outlined in Montana Code § 40-15-102. The following kinds of evidence can be used to support a restraining order petition:

• Police reports
• Emails and texts
• Photographs and medical records
• Statements from eyewitnesses
• Physical messages or threats in writing

How Long Does It Take To Get A Restraining Order In Montana?

A judge can issue a Temporary Order of Protection immediately after reviewing a Sworn Petition for Temporary Order of Protection and Request for Hearing Form if they determine the petitioner is in immediate danger of harm. The court will schedule a hearing 20 days after the petitioner files the petition. If the judge finds the petitioner eligible for protection, the judge will grant a Final Protection Order at the hearing.

How Long Does A Restraining Order Last In Montana?

A Temporary Order of Protection (TOP) issued in Montana typically lasts 20 days. In contrast, there is no fixed duration for a Final Order of Protection (FOP). The judge determines the length based on the evidence presented during the hearing. The specific duration of the FOP will be clearly stated in the order provided to the petitioner.

How Much Does A Restraining Order Cost in Montana?

Applying for an Order of Protection in Montana does not cost anything. Sheriff's Offices do not charge fees to serve the respondent with a Temporary Order of Protection and Notice of Hearing.

Can You Cancel A Restraining Order In Montana?

Yes. In Montana, a protection order may be modified or terminated at the request of the petitioner or the respondent. To start this procedure, the interested party must file an Order for Modification or Termination of Protection Order or Denial of Motion with the Clerk of Court that granted the Final Protection Order. Both parties may then be given the chance to submit their cases at a hearing that the court has scheduled. The judge can only approve, change, or revoke the restraining order. Even if all parties agree, the court must approve any changes or cancellations to the order.